Commonwealth Consolidated Acts

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ATOMIC ENERGY ACT 1953 - SECT 36

Notification of discovery of prescribed substance

  (1)   A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:

  (a)   the commencement of this Act;

  (b)   the date of the making of the discovery; or

  (c)   the date on which the substance becomes a prescribed substance;

whichever is the latest.

Penalty:

  (a)   in the case of a natural person--20 penalty units; or

  (b)   in the case of a body corporate--100 penalty units.

  (2)   Subsection   (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.

  (3)   Subsection   (1) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3), see subsection   13.3(3) of the Criminal Code .

  (4)   An offence against subsection   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .



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